Rose v. Chase Bank USA, N.A., 513 F.3d 1032 (9th Cir. 2008). · Go Syfert
Rose v. Chase Bank USA, N.A., 513 F.3d 1032 (9th Cir. 2008). Cases Citing This Book View Copy Cite
“regardless of the nature of the state law claim alleged . . . , the proper inquiry is whether the 'legal duty that is the predicate of' plaintiffs' state law claim falls within the preemptive power of the nba or regulations promulgated thereunder.”
77 citation events (77 in the last 25 years) across 18 distinct courts.
Strongest positive: Eduardo Larin v. Bank of America, N.A. (ca9, 2012-04-05)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Eduardo Larin v. Bank of America, N.A. (2×) also: Cited "see"
9th Cir. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
regardless of the nature of the state law claim alleged . . . , the proper inquiry is whether the 'legal duty that is the predicate of' plaintiffs' state law claim falls within the preemptive power of the nba or regulations promulgated thereunder.
discussed Cited as authority (quoted) Shiri Willcot v. Regional Acceptance Corporation (RAC) and IA American Warranty Corp. d/b/a IA American Warranty Group (IAWC)
D. Or. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
o amount of discovery would change the central holding that congress intended for the to preempt state restriction on national banks . . . .
discussed Cited as authority (rule) William Kivett v. Flagstar Bank, Fsb
9th Cir. · 2025 · confidence medium
So while a “presumption against federal preemption of state law” sometimes applies, that principle “is inapplicable to federal banking regulation.” Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1037 (9th Cir. 2008) (quotation omitted); see Cuomo v. Clearing House Ass’n, L.L.C., 557 U.S. 519 , 554–55 (2009) (Thomas, J., concurring in part and dissenting in part). 22 KIVETT V.
discussed Cited as authority (rule) Raquel Chavez v. WYNAR
N.D. Cal. · 2024 · confidence medium
“Judgment on the pleadings is properly granted when, 25 taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a 26 matter of law.” Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1036 (9th Cir. 2008) (brackets and 27 internal quotation marks omitted). 1 III.
discussed Cited as authority (rule) Cohen v. Capital One Funding, LLC
E.D.N.Y · 2020 · confidence medium
See, e.g., Baptista v. JPMorgan Chase Bank, N.A., 640 F.3d 1194, 1198 (11th Cir. 2011) (affirming dismissal under Rule 12(b)(6), holding that enforcement of state statute would conflict with national bank’s authority to charge fees); Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1038 (9th Cir. 2008) (affirming Rule 12 dismissal of California’s Unfair Competition Law claims based on NBA preemption); In re TD Bank, N.A., 150 F. Supp.3d 593, 611 (D.S.C. 2015) (granting Rule 12(b)(6) motion, in part, and stating “where the plaintiff’s claims touch upon functions central to the business of b…
discussed Cited as authority (rule) Rhonique Green v. Bank of America
9th Cir. · 2015 · confidence medium
See Bank of Am. v. City & Cty. of San Francisco, 309 F.3d 551 , 562 (9th Cir.2002) (state regulation of bank deposit fees); Rose v. Chase Bank U.S.A., N.A., 513 F.3d 1032, 1036-37 (9th Cir.2008) (state regulation of disclosures about commercial instruments); Wells Fargo Bank, N.A. v. Boutris, 419 F.3d 949 (9th Cir.2005) (state regulation of auditing interest transactions); see also Watters v. Wachovia Bank, N.A., 550 U.S. 1, 12-14 , 127 S.Ct. 1559 , 167 L.Ed.2d 389 (2007) (state regulation of mortgage activities).
discussed Cited as authority (rule) Rhonique Green v. Bank of America
9th Cir. · 2015 · confidence medium
See Bank of Am. v. City & Cty. of San Francisco, 309 F.3d 551 , 562 (9th Cir.2002) (state regulation of bank deposit fees); Rose v. Chase Bank U.S.A., N.A., 513 F.3d 1032, 1036-37 (9th Cir.2008) (state regulation of disclosures about commercial instruments); Wells Fargo Bank, N.A., v. Boutris, 419 F.3d 949 (9th Cir.2005) (state regulation of auditing interest transactions); see also Watters v. Wachovia Bank, N.A., 550 U.S. 1, 12-14 , 127 S.Ct. 1559 , 167 L.Ed.2d 389 (2007) (state regulation of mortgage activities).
discussed Cited as authority (rule) New Mexico ex rel. King v. Capital One Bank (USA) N.A.
D.N.M. · 2013 · confidence medium
Rose v. Chase Bank USA N.A., 513 F.3d 1032, 1037-38 (9th Cir.2008) (the NBA preempted the state law disclosure requirements insofar as those requirements apply to national banks); Evans v. Chase Bank USA N.A., 267 Fed.Appx. 692, 693 (9th Cir.2008) (“To the extent that plaintiffs assert that [state] law independently require disclosure or notice [by national banks in regard to an extension of credit], the state claims are preempted by the National Bank Act, 12 U.S.C. § 24 (Seventh) and 12 C.F.R. § 7.4008 (d)(2)(viii).”).
discussed Cited as authority (rule) Cannon v. Wells Fargo Bank N.A.
N.D. Cal. · 2013 · confidence medium
As a general matter, national banks “are subject to state laws of general application in their daily business” but only “to the extent such laws do not con flict with the letter or the general purposes of the NBA.” Rose v. Chase Bank USA N.A., 513 F.3d 1032, 1037 (9th Cir.2008) (internal quotation marks omitted).
discussed Cited as authority (rule) Ellsworth v. U.S. Bank, N.A.
N.D. Cal. · 2012 · confidence medium
Similarly, “the proper inquiry here is whether the legal duty that is the predicate of’ Ellsworth’s claims “falls within the preemptive scope of the NBA or regulations promulgated thereunder.” Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1038 (9th Cir.2008) (cited in Larin, 475 Fed.Appx. at 122 ).
discussed Cited as authority (rule) Parks v. MBNA America Bank
Cal. · 2012 · confidence medium
Later that year, as part of its service to cardholders, MBNA extended credit to plaintiff by sending him preprinted drafts, commonly referred to as “convenience checks.” (See Rose v. Chase Bank USA, N.A. (9th Cir. 2008) 513 F.3d 1032, 1034 (Rose).) Plaintiff used several of these convenience checks to purchase holiday gifts and pay bills, and he incurred finance charges in excess of those he would have incurred had he used his credit card for similar transactions.
discussed Cited as authority (rule) Arevalo v. Bank of America Corp.
N.D. Cal. · 2011 · confidence medium
“The proper inquiry is whether the ‘legal duty that is the predicate of Plaintiffs’ state law claim falls within the preemptive power of the NBA or regulations promulgated thereunder.” Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1038 (9th Cir.2008) (quoting Cipollone v. Liggett Grp., Inc., 505 U.S. 504, 524 , 112 S.Ct. 2608 , 120 L.Ed.2d 407 (1992)).
discussed Cited as authority (rule) United States v. City of Arcata
9th Cir. · 2010 · confidence medium
We review these conclusions de novo to determine whether, “taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a matter of law.” Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1036 (9th Cir.2008) (internal quotation marks omitted). *991 The doctrine of intergovernmental immunity arose from the Supreme Court’s decision in McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 , 4 L.Ed. 579 (1819), which established that “the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constit…
discussed Cited as authority (rule) Parks v. MBNA AMERICA BANK, NA
Cal. Ct. App. · 2010 · confidence medium
(See Rose, supra, 513 F.3d at p. 1037 ["Where, as here, Congress has explicitly granted a power to a national bank without any indication that Congress intended for that power to be subject to local restriction, Congress is presumed to have intended to preempt state laws such as [California Civil Code] § 1748.9."].) But our role, of course, is not to divine the best policy.
discussed Cited as authority (rule) Agustin v. PNC Financial Services Group, Inc. (2×)
D. Haw. · 2010 · confidence medium
Freedom Senior Funding Corp., 567 F.Supp.2d 1156 , 1162 n. 4 (C.D.Cal.2008) When analyzing whether a plaintiffs state-law UDAP claim is in conflict with the NBA, a court must consider whether “the legal duty that is the predicate of Plaintiffs’ state law claim falls within the preemptive power of the NBA or regulation promulgated thereunder.” Rose v. Chase Bank USA N.A., 513 F.3d 1032, 1038 (9th Cir.2008).
cited Cited as authority (rule) Vatomanyuk v. Quality Loan Service Corp.
W.D. Wash. · 2010 · confidence medium
Rose v. Chase Bank USA, NA, 513 F.3d 1032, 1037-38 (9th Cir.2008).
cited Cited as authority (rule) Mwantembe v. TD Bank, N.A.
E.D. Pa. · 2009 · confidence medium
Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1037 (9th Cir.2008) is also inapposite.
discussed Cited as authority (rule) Davis v. CHASE BANK USA, NA (2×) also: Cited "see, e.g."
C.D. Cal. · 2009 · confidence medium
In the context of generally-applicable laws, the Court's focus is essentially on the law "as applied." Where a plaintiff brings a claim under an unfair competition law, the Court's inquiry is "whether the legal duty that is the predicate of Plaintiffs' state law claim falls within the preemptive power of the NBA or regulations promulgated thereunder." Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1038 (9th Cir.2008) (quoting Cipollone v. Liggett Group, Inc., 505 U.S. 504 , *1082 524, 112 S.Ct. 2608 , 120 L.Ed.2d 407 (1992)); see also Gibson v. World Savings & Loan Ass'n, 103 Cal.App.4th 1291, 1…
discussed Cited as authority (rule) Davis v. Chase Bank U.S.A., N.A. (2×) also: Cited "see, e.g."
C.D. Cal. · 2009 · confidence medium
In the context of generally-applicable laws, the Court’s focus is essentially on the law “as applied.” Where a plaintiff brings a claim under an unfair competition law, the Court’s inquiry is “whether the legal duty that is the predicate of Plaintiffs’ state law claim falls within the preemptive power of the NBA or regulations promulgated thereunder.” Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1038 (9th Cir.2008) (quoting Cipollone v. Liggett Group, Inc., 505 U.S. 504, 524 , 112 S.Ct. 2608 , 120 L.Ed.2d 407 (1992)); see also Gibson v. World Savings & Loan Ass’n, 103 Cal.App.4…
discussed Cited as authority (rule) Miller v. Bank of America, N.A. (USA)
Cal. Ct. App. · 2009 · confidence medium
(Hood, supra, 143 Cal.App.4th at p. 537 ; see Watters v. Wachovia Bank, N. A. (2007) 550 U.S. 1 [ 167 L.Ed.2d 389, 400 , 127 S.Ct. 1559 ] (Watters) [“Federally chartered banks are subject to state laws of general application in their daily business to the extent such laws do not conflict with the letter or the general purposes of the” National Bank Act].) And the third, drawing from these two, is the critical one, encapsulating the preemption principle we apply here: “Regardless of the nature of the state law claim alleged” (Rose v. Chase Bank USA, N.A. (9th Cir. 2008) 513 F.3d 1032, 1…
cited Cited as authority (rule) Francis v. State of California
9th Cir. · 2008 · confidence medium
Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1036 (9th Cir.2008); Manzarek v. St.
cited Cited as authority (rule) Francis v. State of California
9th Cir. · 2008 · confidence medium
Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1036 (9th Cir.2008); Manzarek v. St.
discussed Cited "see" Susan McShannock v. Jp Morgan Chase Bank
9th Cir. · 2020 · signal: see · confidence high
See Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1038 (9th Cir. 2008); Silvas, 514 F.3d at 1008 (affirming the district court’s decision to grant a motion to dismiss on the basis of HOLA preemption). 22 MCSHANNOCK V.
discussed Cited "see" Veronica Gutierrez v. Wells Fargo Bank, N.A.
9th Cir. · 2012 · signal: see · confidence high
See Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 1038 (9th Cir.2008) (the National Bank Act preempts affirmative disclosure requirements of a California statute, insofar as those requirements apply to national banks); Parks v. MBNA Am.
cited Cited "see" Evans v. Chase Bank USA, N.A.
9th Cir. · 2008 · signal: see · confidence high
See Rose v. Chase Bank USA, N.A, 513 F.3d 1032, 1036-37 (9th Cir.2008).
discussed Cited "see, e.g." Savett v. Capital One N.A. and Capital One Financial Corp.
E.D. Va. · 2024 · signal: see also · confidence medium
Because federal regulations expressly authorize banks to “make real estate loans . . . without regard to state law limitations concerning . . . [d]isclosure and advertising,” plaintiffs’ claims seeking disclosure of costs stood preempted. /d. at 556-57 (quoting 12 C.F.R. § 34.4 (a)); see also Rose, 513 F.3d at 1038 (finding that federal law preempts disclosure obligations of California statute that required credit card issuers to include specific language with preprinted checks or drafts); Smith v. Wells Fargo Bank, N.A., 158 F. Supp. 3d 91, 105-06 (D.
cited Cited "see, e.g." Donald Lusnak v. Bank of America
9th Cir. · 2018 · signal: see also · confidence low
Scott v. Kuhlmann, 746 F.2d 1377, 1378 (9th Cir. 1984) (per curiam); see also Rose v. Chase Bank USA, N.A., 513 F.3d 1032 , LUSNAK V.
discussed Cited "see, e.g." Alaska Fur Gallery, Inc. v. First National Bank Alaska
Alaska · 2015 · signal: see also · confidence medium
Federal regulations expressly permit a national bank to act as a finder, and state law may not "prevent[] or significantly interfere[] with the national bank's exercise of its powers." Gutierrez v. Wells Fargo Bank, NA, 704 F.3d 712, 722 (9th Cir.2012) (quoting Barnett Bank of Marion Cnty., N.A. v. Nelson, 517 U.S. 25, 33 , 116 S.Ct. 1103 , 134 L.Ed.2d 237 (1996)) (internal quotation marks omitted); 12 C.F.R. § 7.1002 (a) ("It is part of the business of banking under 12 U.S.C. 24(Seventh) for a national bank to act as a finder, bringing together interested parties to a transaction."); see als…
discussed Cited "see, e.g." Alaska Fur Gallery, Inc. v. First National Bank Alaska
Alaska · 2015 · signal: see also · confidence medium
Federal regulations expressly permit a national bank to act as a finder, and state law may not “prevent[] or significantly interfere[] with the national bank’s exercise of its powers.” Gutierrez v. Wells Fargo Bank, NA, 704 F.3d 712, 722 (9th Cir. 2012) (quoting Barnett Bank of Marion Cnty., N.A. v. Nelson, 517 U.S. 25, 33 (1996)) (internal quotation marks omitted); 12 C.F.R. § 7.1002 (a) (“It is part of the business of banking under 12 U.S.C. 24(Seventh) for a national bank to act as a finder, bringing together interested parties to a transaction.”); see also Rose v. Chase Bank USA…
Retrieving the full opinion text from the archive…
Denise ROSE, Scott Raitt, Salvador Abeyta, and Lea Reis, on Behalf of Themselves and All Persons Similarly Situated, Plaintiffs-Appellants,
v.
CHASE BANK USA, N.A., Defendant-Appellee
05-56850.
Court of Appeals for the Ninth Circuit.
Jan 23, 2008.
513 F.3d 1032
Jeffrey Wilens, Lakeshore Law Center, Yorba Linda, CA, for the plaintiffs-appellants., Laurence J. Hutt, Howard N. Cayne, Nancy L. Perkins, Arnold & Porter, Los Angeles, CA, for the defendant-appellee.
Kozinski, Rawlinson, Baer.
Cited by 40 opinions  |  Published
1 passage pin-cited by 1 case
BAER, Senior District Judge:

Plaintiffs-Appellants Denise Rose, Scott Raitt, Salvador Abeyta, and Lea Reis (“Plaintiffs”), ostensibly on behalf of themselves and all others similarly situated, appeal the district court’s grant of judgment on the pleadings pursuant to Fed. R.Civ.P. 12(c) to Defendant Chase Bank USA, N.A. (“Chase” or “Defendant”) on all claims. [1]

We affirm the district court’s grant of judgment on the pleadings on all claims.

I. BACKGROUND

The following facts are taken from Plaintiffs First Amended Complaint and are taken as true for the purpose of reviewing a motion for judgment on the pleadings. See Torbet v. United Airlines, Inc., 298 F.3d 1087, 1089 (9th Cir.2002) (“Judgment on the pleadings is proper when, taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a matter of law.”).

Plaintiffs, all California residents, brought this action on behalf of an ostensible class of California holders of credit cards issued by Chase. Chase, at various points after June 13, 2001, extended credit to its credit card holders by mailing them a preprinted check or draft, more commonly known as a “convenience check.” The “convenience checks” were (and are) commonly attached to a letter or invitation from the bank, and perforated so that they can be torn off and used. That convenience check, if torn off and cashed, result[*1035] ed in a charge against the user’s credit card account, as well as associated finance charges or transaction fees. Plaintiffs cashed those convenience checks and incurred those charges or fees.

Cal. Civ.Code § 1748.9, which became operative on July 1, 2000, provides in full:

(a) A credit card issuer that extends credit to a cardholder through the use of a preprinted check or draft shall disclose on the front of an attachment that is affixed by perforation or other means to the preprinted check or draft, in clear and conspicuous language, all of the following information:
(1) That “use of the attached check or draft will constitute a charge against your credit account.”
(2) The annual percentage rate and the calculation of finance charges, as required by Section 226.16 of Regulation Z of the Code of Federal Regulations, associated with the use of the attached check or draft.
(3) Whether the finance charges are triggered immediately upon the use of the check or draft.

According to Plaintiffs, when Chase mailed its credit card holders a convenience check, Chase did not include or attach language pursuant to Cal. Civ.Code § 1748.9(a)(1) that “use of the attached check ... will constitute a charge against [Plaintiffs] credit account.” Chase also did not disclose, pursuant to § 1748.9(a)(3), whether the finance charges would be triggered immediately upon the use of the check. Id.

Plaintiffs accordingly brought three causes of action against Chase. Plaintiffs’ first claim is that Chase violated California’s Unfair Competition Law (“UCL”), see Cal. Bus. & Prof.Code § 17200 et seq., by committing an “unlawful” business practice, owing to Chase’s alleged violations of Cal. Civ.Code § 1748.9(a)(1) and (a)(3) when it failed to make the pursuant disclosures. Plaintiffs’ second claim is that Chase violated California’s UCL by committing a “fraudulent” business practice, or engaging in “deceptive or misleading advertising” when it failed to make those disclosures (regardless of whether Chase’s actions violated Cal. Civ.Code § 1748.9). Plaintiffs’ third claim is that Chase violated California’s UCL by committing an “unfair” business practice when it failed to make those disclosures (again, regardless of whether its actions violated Cal. Civ. Code § 1748.9).

After removing the case to federal court, Chase moved for judgment on the pleadings on all three of Plaintiffs’ claims. Chase argued that the National Bank Act (“NBA”), 12 U.S.C. § 21 et seq., as well as regulations promulgated thereunder by the federal Office of the Comptroller of the Currency (“OCC”), see 12 CFR § 7.4008, preempt the California laws upon which Plaintiffs based their three claims.

The National Bank Act provides, in relevant part, that nationally chartered banks may exercise “all such incidental powers as shall be necessary to carry on the business of banking [such as] ... by loaning money on personal security.” 12 U.S.C. § 24 (Seventh). The OCC regulations at issue here, effective February 12, 2004, [2] further provide that “[a] national bank may make, sell, purchase, participate in, or otherwise deal in loans and interests in loans that are not secured by liens on, or interests in, real estate, subject to such terms, conditions, and limitations prescribed by the Comptroller of the Currency and any other applicable Federal law.” 12 CFR § 7.4008(a).

[*1036] Further, with regard to the applicability of state law, the OCC regulations provide in relevant part:

(d) Applicability of state law.
(1) Except where made applicable by Federal law, state laws that obstruct, impair, or condition a national bank’s ability to fully exercise its Federally authorized non-real estate lending powers are not applicable to national banks.
(2) A national bank may make non-real estate loans without regard to state law limitations concerning ...
(viii) Disclosure and advertising, including laws requiring specific statements, information, or other content to be included in credit application forms, credit solicitations, billing statements, credit contracts, or other credit-related documents

12 CFR § 7.4008(d).

The district court, finding that the NBA and the OCC regulations preempted Plaintiffs’ claims, granted Chase’s motion for judgment on the pleadings in its entirety and entered judgment on November 3, 2005. See Rose v. Chase Manhattan Bank USA, 396 F.Supp.2d 1116 (C.D.Cal. 2005); ER 110-113 (district court’s judgment). Plaintiffs timely appealed.

II. STANDARD OF REVIEW

This Court reviews de novo an order granting a motion for judgment on the pleadings. See Milne ex rel. Coyne v. Stephen Slesinger, Inc., 430 F.3d 1036, 1042 (9th Cir.2005). “[judgment on the pleadings is properly granted when, taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a matter of law.” Id. Concomitantly, this Circuit reviews de novo a district court’s decision that state claims are preempted by federal law. See Olympic Pipe Line Co. v. City of Seattle, 437 F.3d 872, 877 n. 12 (9th Cir.2006).

III. DISCUSSION

Plaintiffs primarily advance three contentions on appeal. First, Plaintiffs contend that the NBA does not preempt Cal. Civ.Code § 1748.9, and accordingly, because Defendants have violated Cal. Civ. Code § 1748.9 and thus committed an “unlawful” business practice within the meaning of California’s UCL, Plaintiffs’ first claim survives. Secondly, Plaintiffs contend that the OCC regulations do not alternatively and concurrently preempt Cal. Civ.Code § 1748.9, and thus Plaintiffs’ first claim still survives. Third, Plaintiffs contend that even if Plaintiffs’ first claim that alleges “unlawful” business practices is preempted, Plaintiffs’ second and third claims that allege “fraudulent” and “unfair” business practices, respectively (without explicit reliance on Cal. Civ.Code § 1748.9) are not preempted.

Plaintiffs’ contentions, addressed below seriatim, are rejected.

A. NBA Preemption of Cal. Civ.Code § 1718.9

“Nearly two hundred years ago ... [the Supreme] Court held federal law supreme over state law with respect to national banking.” Watters v. Wachovia Bank, N.A., — U.S. —, 127 S.Ct. 1559, 1566, 167 L.Ed.2d 389 (2007) (citing McCulloch v. Maryland, 4 Wheat. 316, 17 U.S. 316, 4 L.Ed. 579 (1819)). “In 1864, Congress enacted the NBA, establishing the system of national banking still in place today.” Id. (citations omitted). The Act vested in nationally chartered banks enumerated powers and “all such incidental powers as shall be necessary to carry on the business of banking.” Id. (citing 12 U.S.C. § 24 (Seventh)). Those incidental powers include the power to “loan money on personal[*1037] security,” which is at issue in the instant case. See 12 U.S.C. § 24 (Seventh); see also Wells Fargo Bank N.A. v. Boutris, 419 F.3d 949, 959 n. 13 (9th Cir.2005).

The Supreme Court has interpreted grants of “powers” to national banks as “grants of authority not normally limited by, but rather ordinarily pre-empt-ing, contrary state law.” [3] Watters, 127 S.Ct. at 1567(citing Barnett Bank of Marion County, N.A. v. Nelson, 517 U.S. 25, 32, 116 S.Ct. 1103, 134 L.Ed.2d 237 (1996)); accord Boutris, 419 F.3d at 956(citing Bank of Am. v. City of San Francisco, 309 F.3d 551, 558 (9th Cir.2002)). Accordingly, “the usual presumption against federal preemption of state law is inapplicable to federal banking regulation.” Boutris, 419 F.3d at 956 (citing Bank of Am., 309 F.3d at 558-59); see also Barnett Bank, 517 U.S. at 32, 116 S.Ct. 1103.

“Federally chartered banks are subject to state laws of general application in their daily business to the extent such laws do not conflict with the letter or the general purposes of the NBA.” Watters, 127 S.Ct. at 1567 (citing Atherton v. FDIC, 519 U.S. 213, 223, 117 S.Ct. 666, 136 L.Ed.2d 656 (1997); Davis v. Elmira Sav. Bank, 161 U.S. 275, 290, 16 S.Ct. 502, 40 L.Ed. 700 (1896)); see also Bank of Am., 309 F.3d at 558-59. “However, ‘the States can exercise no control over [national banks], nor in any wise affect their operation, except in so far as Congress may see proper to permit. Any thing beyond this is an abuse, because it is the usurpation of power which a single State cannot give.’ ” Watters, 127 S.Ct. at 1567 (quoting Farmers’ and Mechanics’ Nat’l Bank v. Dearing, 91 U.S. 29, 34, 23 L.Ed. 196 (1875)). “States are permitted to regulate the activities of national banks where doing so does not prevent or significantly interfere with the national bank’s or the national bank regulator’s exercise of its powers. But when state prescriptions significantly impair the exercise of authority, enumerated or incidental under the NBA, the State’s regulations must give way.” Id. (citing Franklin Nat’l Bank of Franklin Square v. New York, 347 U.S. 373, 377-79, 74 S.Ct. 550, 98 L.Ed. 767 (1954); Barnett Bank, 517 U.S. at 32-34, 116 S.Ct. 1103); see also Boutris, 419 F.3d at 963 (citing Bank of Am., 309 F.3d at 559).

Accordingly, following Supreme Court precedent, we have held that “normally Congress would not want States to forbid, or to impair significantly, the exercise of a power that Congress explicitly granted.” Bank of Am., 309 F.3d at 561 (citing Barnett Bank, 517 U.S. at 33, 116 S.Ct. 1103). Congress, when it enacted the NBA, explicitly granted such a power here. The NBA specifically enumerates, without limitation, as one “incidental power” of a national bank the power to “loan money on personal security.” See 12 U.S.C. § 24 (Seventh); see also Boutris, 419 F.3d at 959 n. 13. That power to “loan money on personal security” is the power pursuant to which Chase here extends credit to its cardholders via convenience checks. Where, as here, Congress has explicitly granted a power to a national bank without any indication that Congress intended for that power to be subject to local restriction, Congress is presumed to have intended to preempt state laws such as Cal Civ.Code § 1748.9. See Barnett Bank, 517 U.S. at 33-35, 116 S.Ct. 1103; see also Franklin, 347 U.S. at 378, 74 S.Ct. 550; cf. Watters, 127 S.Ct. at 1570 (“[I]n analyzing whether state law hampers the[*1038] federally permitted activities of a national bank, we have focused on the exercise of a national bank’s powers.”) (emphasis in original).

We are thus constrained by the holdings of Barnett Bank and Franklin to find that the NBA preempts the disclosure requirements of Cal. Civ.Code 1748.9, insofar as those requirements apply to national banks. [4] Accordingly, the district court correctly found that Plaintiffs’ first claim under California’s UCL must be dismissed, as Plaintiffs’ first claim rests on the predicate that Chase’s actions are “unlawful” under Cal. Civ.Code 1748.9.

B. Plaintiffs’ Second and Third UCL Claims

Plaintiffs alternatively contend that even if their first claim' — that Chase committed “unlawful” business practices— fails because Cal. Civ.Code § 1748.9 is preempted, their second and third claims — that Chase committed “deceptive” or “unfair” business practices — survive because those claims are not predicated on a violation of § 1748.9. Regardless of the nature of the state law claim alleged, however, the proper inquiry is whether the “legal duty that is the predicate of’ Plaintiffs’ state law claim falls within the preemptive power of the NBA or regulations promulgated thereunder. See Cipollone v. Liggett Group, Inc., 505 U.S. 504, 524, 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992). Here, from the face of Plaintiffs’ complaint, the district court correctly found that Defendants’ alleged legal duties that underlie Plaintiffs’ UCL claims for “deceptive” or “unfair” business practices are the same purported duties to disclose imposed by Cal. Civ.Code § 1748.9, and that are preempted by the NBA and OCC regulations. See Rose v. Chase Manhattan Bank USA, 396 F.Supp.2d at 1123. Accordingly, the district court correctly dismissed Plaintiffs’ second and third claims.

IV. CONCLUSION

The district court’s grant of judgment on the pleadings to Defendant on all claims is AFFIRMED.

1

. Defendant Chase Bank USA, N.A. was formerly known as Chase Manhattan Bank USA, N.A., under which name Defendant was originally sued.

2

. See 69 Fed. Reg. 1904 (2004).

3

. If Congress enacts a federal statute with the intent to exercise its constitutionally delegated authority to set aside the laws of a state, the Supremacy Clause requires courts to follow federal, not state, law. See Barnett Bank, 517 U.S. at 30, 116 S.Ct. 1103 (citing U.S. Const. art. VI, cl.2).

4

. Plaintiffs alternatively contended on appeal that we should remand to the district court for further discovery regarding the issue of whether the state law constitutes a "significant” impairment or interference with the purposes of the National Bank Act. Given the prior holdings of Barnett Bank and Franklin, however, it appears that no amount of discovery would change the central holding that Congress intended for the NBA to preempt state restrictions on national banks such as Cal. Civ.Code § 1748.9 here.